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Patna High CourtCR. MISC./29725/2025allowed

Mantu Dom v. The State Of Bihar

2025-05-14Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29725 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- SANDESH District- Bhojpur ====================================================== Mantu Dom S/o Vishal Dom @ Munna Dom @ Munna Ram R/o VillageChilhauns Repura, P.S.- Sandesh, District- Bhojpur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Sandesh P.S. Case No. 32 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 191(2), 190, 324(4), 303(2), 351(2) of B.N.S.S, 2023.

3. As per prosecution case, petitioner along with five named accused and 10-15 unknown persons came and encircled the informant and his companion. It is further alleged that coaccused Rohit and Amarnath assaulted the informant by means of iron rod due to which he sustained injury on head and left ear. It is further alleged that co-accused Vishal, Pushparaj and Sunil assaulted Jitu Kumar and Dipu Kumar due to which they sustained injury on head, left hand and left leg. It is further

Patna High Court CR. MISC. No.29725 of 2025(2) dt.14-05-2025 2/3 alleged that co-accused Vishal, Pushparaj and Sunil snatched bag of the informant containing mobile, cash of Rs. 2,78,000/- and other document.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. He further submits that there is no specific allegation against the petitioner rather the same is general and omnibus in nature. He further submits that specific allegation of assault is against coaccused Rohit, Amarnath, Vishal, Pushparaj and Sunil. There is no allegation of snatching against the petitioner rather the same is attributed to co-accused Vishal, Pushparaj and Sunil. Petitioner is only a member of mob. Apart from that, petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be

Patna High Court CR. MISC. No.29725 of 2025(2) dt.14-05-2025 3/3 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara in connection with Sandesh P.S. Case No. 32 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T